Planning Committee (including Former Development Management And Development Quality) - 30/08/2004

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 30th August 2004.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

John CORRIGAN

Bruce D MACKIE

Helen WRIGHT

Neil I C POWRIE

Ian BORTHWICK

 

COUNCILLORS

 

Jill SHIMI

Fraser MACPHERSON

Christina ROBERTS

Kevin KEENAN

Nigel DON

Jim BARRIE

George REGAN

Bob DUNCAN

Will DAWSON

Julia M STURROCK

Richard BEATTIE

Elizabeth F FORDYCE

Fiona M GRANT

Andrew DAWSON

Roderick A J WALLACE

Christopher HIND

Joe FITZPATRICK

Charles A WEBSTER

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 28th June 2004 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 03-00411-HAZ - NYNAS UK, EAST CAMPERDOWN STREET - STORAGE AND TREATMENT OF VARIOUS MINERAL OILS AT DUNDEE REFINERY FOR NYNAS UK

 

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(b) 04-00134-FUL - TELEPHONE EXCHANGE, QUEEN STREET, BROUGHTY FERRY - INSTALLATION OF POLE MOUNTED ANTENNAS ON THE ROOFTOP AND ASSOCIATED ANCILLARY EQUIPMENT FOR CROWN CASTLE INTERNATIONAL

 

The Committee acceded to requests for a number of deputations to address the Committee relative to objections to the abovementioned application. After the deputations had stated their cases, and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

 

Thereafter, after considering objections received, Councillor Webster, seconded by Lord Provost Letford, moved refusal of the application on the grounds that:-

 

(i) the proposed antennae would be visually prominent on this building and would detract from the setting of St Mary's Church, a Category B listed building, from the Grove Conservation Area and from the amenities enjoyed by nearby residents, thereby contravening Policies BE31 (E), BE11 and H1 of the Adopted Dundee Local Plan 1998. There are no material considerations that would justify the approval of this application contrary to the provisions of the Statutory Development Plan; and

 

(ii) the proposed antennae would be visually prominent on this building and would detract from the setting of St Mary's Church, a Category B listed building, from the Grove Conservation Area and from the amenities enjoyed by nearby residents, thereby contravening Policy 1 of the Finalised Dundee Local Plan Review, Policies 1, 9 and 10 of the Council's "Non Statutory Planning Policies in Relation to Telecommunications and Other Apparatus" and the statutory duties under Sections 59 and 64 of the Planning (Listed Buildings and Conservation Areas (Scotland) Act 1997 to have special regard to the protection of the setting of listed buildings and the character or appearance of conservation areas.

 

As an amendment, the Convener moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation, but failed to find a seconder, whereupon the amendment fell, and the motion was carried.

 

(c) 04-00384-FUL - LAND WEST OF HEATHFIELD PLACE AND NORTH OF OLD HAWKHILL - ERECTION OF 71 FLATS FOR STUDENT ACCOMMODATION, CAR PARKING, TWO RETAIL UNITS AND ASSOCIATED INFRASTRUCTURE WORKS FOR UNIVERSITY OF DUNDEE

 

Councillor Webster declared a financial interest in this application by virtue of being an employee of the University of Dundee.

 

Councillor Sturrock moved deferral of the application in order that further conditions relating to waste management and waste recycling could be considered, but failed to find a seconder, whereupon the motion fell.

 

Thereafter, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that details of waste management and waste recycling facilities shall be submitted to the Council for approval and once approved the development shall be implemented in accordance with such details.

 

(d) LAND TO THE EAST OF OLD GLAMIS ROAD - ERECTION OF 58 HOUSES FOR DISCOVERY HOMES

 

After considering objections received, the Committee agreed to defer this application.

 

(e) 81 DUNDEE ROAD, BROUGHTY FERRY - SINGLE STOREY EXTENSION TO EXISTING HOUSE

 

The Committee acceded to a request for a deputation to address the Committee relative to objections to the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee deferred consideration of this application to enable further investigation of concerns that surface water and pool water would exacerbate existing problems with regard to flooding in the surrounding area.

 

(f) 04-00426-OUT - LAND WEST OF RERESMOUNT ROAD, BROUGHTY FERRY - OUTLINE CONSENT FOR ONE DETACHED DWELLINGHOUSE FOR ANGUS LAMB

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, Bailie Borthwick, seconded by Councillor Fordyce, moved deferral of this application.

 

The Convener, seconded by Councillor Sturrock, moved that the application be not deferred.

On a division, there voted for the motion -Bailies Powrie and Borthwick and Councillors Shimi, Duncan, Andrew Dawson, Roberts, Barrie, Will Dawson and Fordyce (9); and for the amendment - the Convener, Lord Provost Letford, Bailies Farquhar, Wright, Corrigan and Mackie and Councillors Keenan, Regan, Sturrock, Grant, Hind, Macpherson, Beattie, FitzPatrick and Webster (15); Councillor Don declining to vote - whereupon the amendment was declared carried.

 

Thereafter the Committee refused the application on the grounds that:-

 

(i) the proposal is contrary to Policy ENV12 of the Dundee Local Plan 1998 and Policy 72 of the Finalised Dundee Local Plan Review due to the unacceptable loss of mature trees and the subsequent adverse impact on the visual amenity of the area and loss of wildlife. There are no material considerations that would justify departing from the policies of the development plan in these circumstances;

 

(ii) the proposed development is considered to be contrary to Built Environment Policy 4 of the Dundee Local Plan 1998 and Policy 15 of the Finalised Dundee Local Plan Review as it fails to meet all of the criteria. In particular, it fails to comply with criteria (D) and (1) as there will be a window to window distance of less than 25m and it will result in the loss of trees and overdevelopment of the site to the detriment of the established character of the surrounding area. There are no material considerations that would justify a departure to the policies of the development plan in these circumstances;

 

(iii) the proposed development is considered to be contrary to Policy H2 of the Dundee Local Plan 1998 as it fails to meet the criteria set out in BE4. There are no material considerations that would justify departing from the policies of the development plan in these circumstances;

 

(iv) the proposed development is considered to be contrary to Policy H10 of the Dundee Local Plan 1998 and Policy 4 of the Finalised Dundee Local Plan Review as the proposed garden ground will not be private and useable due to its location adjacent to a neighbouring driveway and the unacceptable appearance of 2m high fences around the garden boundary. There are no material considerations that would justify departing from the policies of the development plan in this instance; and

 

(v) It is considered that the proposed development is contrary to Policy BE11 of the Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review as the proposed loss of trees, which are also protected by a Tree Preservation Order will detract from the character and appearance of the conservation area. There are no material considerations that would justify departing from the policies of the development plan in these circumstances.

 

(g) 04-00430-ADV - QUEEN'S HOTEL, NETHERGATE - INSTALLATION OF SIGNAGE FOR QUEENS HOTEL

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(h) 04-00435-FUL - 10 LANGLEA PLACE, BROUGHTY FERRY - PROPOSED TWO STOREY EXTENSION ON WEST ELEVATION - FOR MR J SPEID

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(i) 04-00437-FUL - 22 LUKE PLACE, BROUGHTY FERRY - FORMATION OF DORMER ON EAST ELEVATION FOR MR D HENDERSON

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(j) 04-00442-COU - 2 MARYFIELD ROAD, BROUGHTY FERRY - CHANGE OF USE FROM GARAGE TO DWELLINGHOUSE WITH ELEVATIONAL ALTERATIONS - FOR MR AND MRS HUSH

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed development is not in accordance with Housing Policy H10 of the Dundee Local Plan 1998 as it fails to meet the criteria for new housing in terms of layout/urban design and the reduced garden ground of the existing house. There are no material considerations that would justify a departure to the policies of the development plan in this instance;

 

(ii) the proposed development is not in accordance with Built Environment Policy BE4 of the Dundee Local Plan 1998 as it fails to meet all of the criteria and in particular criteria (A) as it is of an inappropriate design, (D) there is a window to window distance of less than 25 metres and it would result in the over-development of the application site to the detriment of the existing house and established character of the surrounding area. There are no material considerations that would justify a departure to the policies of the development plan in this instance;

 

(iii) the proposed development is not in accordance with Built Environment Policy BE11 of the Dundee Local Plan 1998 and Policy 61 of the Finalised Dundee Local Plan Review as it would neither complement nor enhance the appearance of the area given its design and location and by virtue of increasing the prevailing density of housing in the area. There are no material considerations that would justify departing from the policies of the development plan in this instance;

 

(iv) the proposed development is considered to be contrary to Built Environment Policy BE1 of the Dundee Local Plan 1998 as the design fails to relate closely to the established character of the surrounding area and would significantly reduce the garden area of the existing house. There are no material considerations that would justify departing from the policies of the development plan in this instance;

 

(v) it is considered that the proposed development is contrary to Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as it neither preserves nor enhances the character of the surrounding conservation area given the design of the proposed house and the impact on the existing house in terms of reduction in garden ground;

 

(vi) the proposed development is contrary to Policy 4 of the Finalised Dundee Local Plan Review as it fails to meet all of the criteria and in particular the criteria relating to House Type; and

 

(vii) the proposed development is contrary to Policy 15 of the Finalised Dundee Local Plan Review as it fails to meet all of the criteria and in particular criteria (a) given the design of the new house, and (d) as it does not respect the prevailing densities in the area.

 

(k) 04-00461-COU - 216/220/222 HILLTOWN - CHANGE OF USE FROM RETAIL TO COMMUNITY CENTRE FOR DUNDEE INTERNATIONAL WOMEN'S CENTRE CO. LTD.

 

After considering representations received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(l) 04-00450-FUL - 19 SEAFORTH ROAD, BROUGHTY FERRY - ALTERATIONS AND EXTENSION TO DWELLINGHOUSE FOR MR AND MRS ASHID

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(m) 04-00452-COU - THE CANOPY WORKSHOP, GIBSON TERRACE - RENEWAL OF CONSENT FOR CHANGE OF USE FROM WORKSHOP TO DWELLING FOR DUDHOPE INVESTMENTS LTD.

 

The Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(n) 04-00453-FUL - 8 HAYSTON TERRACE - ERECTION OF CONSERVATORY FOR MR AND MRS FLYNN

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) that the proposed conservatory is contrary to policy H4 of the Dundee Local Plan 1998 in so far as it represents development which is likely to significantly affect the sunlight/daylight enjoyed by the occupants of an adjoining property; and

 

(ii) that the proposal is contrary to policy 14 of the Dundee Local Plan Review 2003 in so far as it represents development where there will be a significant loss of sunlight/daylight to the occupants of neighbouring properties.

 

(o) 04-00479-FUL - TREE TOPS, 474 PERTH ROAD - TWO AND A HALF STOREY EXTENSION TO DWELLINGHOUSE FOR MR AND MRS CRUICKSHANK

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(p) 586 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE AND ELEVATIONAL ALTERATIONS TO FORM FLAT FOR MR J THOMSON

 

The Committee agreed to defer consideration of this application to allow further consideration to be given by the applicant to provision of private garden ground and parking requirements.

 

(q) 04-00501-FUL - CHANGE OF HOUSE TYPE AND POSITION OF HOUSE FOR GEORGE MARTIN BUILDERS

 

Councillor Grant declared a financial interest in this application by virtue of being a neighbouring homeowner and a non-financial interest by virtue of her husband having objected to the original application as a near neighbour.

 

Thereafter, after considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(r) 04-00508-FUL - 16 CEDAR ROAD, BROUGHTY FERRY - EXTENSION TO NORTH ELEVATION FOR MR AND MRS HAGGART

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

(s) 04-00517-COU - 83 CHARLESTON DRIVE - CHANGE OF USE OF FRONT PATIO AREA TO BEER GARDEN FOR MARGARET DODDS

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed beer garden is contrary to Policy LT8 of the Dundee Local Plan 1998 as it lies within 30 metres of existing housing and there are no material considerations of sufficient strength to support the granting of planning permission contrary to the policy;

 

(ii) the proposed beer garden is contrary to Policy 53 of the Finalised Dundee Local Plan 2003 as it lies within 30 metres of existing housing.

(t) 04-00573-FUL - 48 KINGSWAY - EXTENSION TO DWELLINGHOUSE FOR MICHAEL PAYNE

 

After considering objections received, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation.

 

II PLANNING APPLICATION - OUTLINE PLANNING PERMISSION FOR DISTRICT CENTRE AT LAND TO WEST OF CAMPERDOWN LEISUREPARK, DAYTON DRIVE

 

There was submitted Report No 543-2004 by the Director of Planning and Transportation advising the Committee that an appeal against the non-determination of Planning Application 03-00966-OUT had been submitted to the Scottish Executive Inquiry Reporters and seeking the views of the Committee in order to establish its position on the application in advance of a Public Local Inquiry.

 

The Committee agreed that the Council participate in the forthcoming Public Local Inquiry into the non-determination of Planning Application 03-00966-OUT on the basis that, had it determined the application, it would have refused it on the following grounds:-

 

(i) it was contrary to Town Centres and Retailing Policy 2: District Centres and Town Centres and Retailing Policy 4: Out of Centre Retailing of the Dundee and Angus Structure Plan 2001-2016;

 

(ii) it was contrary to Housing Policy 1: Housing Land Provision and Housing Policy 2: Dundee and South Angus Housing Market Area of the Dundee and Angus Structure Plan 2001-2016;

 

(iii) it would be contrary to Retailing Policy S20: Out of Centre Shopping and Retailing Policy S11 - District Centres and Local Centres, of the Dundee Local Plan 1998;

 

(iv) it would be contrary to Employment Uses Proposal EP4: Kingsway West of the Dundee Local Plan 1998;

 

(v) it was contrary to Leisure and Tourism Policy LT7: Major Leisure and Recreational Developments of the Dundee Local Plan 1998;

 

(vi) it would be contrary to Natural Environment Policy ENV4 of the Dundee Local Plan 1998;

 

(vii) it was contrary to Site Protection Policy SP1 of the Urban Nature Conservation Subject Local Plan 1995;

 

(viii) it would not be in accordance with Policy 2: Housing Land Release, Policy 18: Major Leisure Uses, Policy 45: Location of New Retail Developments, Policy 49: New Out of Centre Foodstores and Policy 38: District Centres of the Finalised Dundee Local Plan Review;

 

(ix) it would not be in accordance with the guidance set out in National Planning Policy Guideline 8 (Revised 1998) Town Centres and Retailing and National Planning Policy Guideline 17: Transport and Planning; and

 

(x) it had not been demonstrated that the proposed development could be satisfactorily accommodated within the surrounding road network.

 

III PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN330-2004 advising the Committee of the following Planning Appeal decisions:-

 

(a) Barnetts Mazda Garage, 72-76 Monifieth Road, Broughty Ferry, Dundee - Application for Planning Permission for the Erection of 24 Apartments

 

Reference was made to Article VII(a) of the minute of meeting of this Committee of 1st July 2003 wherein the above proposal was refused planning permission on the grounds that the development contravened policies in both the Adopted and Finalised Local Plan in relation to design, housing type and mix, privacy and parking and that it would not enhance the character of the Reres Hill Conservation Area.

 

It was reported that this decision had been appealed by the applicant and the Appeal had been dismissed.

 

(b) 39 Navarre Street, Broughty Ferry, Dundee - Application for Erection of Two Dormers on the North Elevation

 

It was reported that the abovementioned application was refused by the Council under delegated powers on 28th October 2003 on the basis that the dormers would have a detrimental impact on the house and the surrounding area due to their dominant appearance contrary to Policy H4 of the Adopted Local Plan and Policies 14 and 55 of the Finalised Dundee Local Plan Review.

 

It was reported that the decision had been appealed by the applicant and the Appeal had been dismissed.

 

(c) 91 Queen Street, Broughty Ferry, Dundee - Outline Consent for the Erection of a Single Storey Bungalow with Integrated Garage

 

Reference was made to Article VI(e) of the minute of meeting of this Committee of 25th August 2003 wherein the above proposal was refused planning permission on the grounds that the proposed development, by reason of the lack of detail submitted, contravened Policy BE11 of the Adopted Local Plan and Government advice as contained in NPPG18 and the Memorandum of Guidance and Listed Buildings in Conservation Areas. It also considered that the development, by reason of the departure from the prevailing pattern of development and the inappropriate choice of finishing materials would have an adverse effect on the Grove Conservation Area and a setting of the listed building at Brae Cottage contrary to policies of both the Adopted and Finalised Local Plans.

 

It was reported that the decision had been appealed and the Appeal had been dismissed.

 

(d) LAND NORTH OF 16A GREENDYKES ROAD, DUNDEE - CHANGE OF USE FROM OPEN SPACE TO PARKING BAYS

 

Reference was made to Article 1(4) of the minute of meeting of this Committee of 26th January, 2004 wherein the above proposal was refused planning permission on the grounds that the proposed development was contrary to Policy H1 of the Adopted Dundee Local Plan 1998 and Policy 1 of the Finalised Dundee Local Plan Review as it would detract from the existing environmental quality enjoyed by residents and have an adverse effect on traffic safety.

 

It was agreed that the decision had been appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997, and the appeal had been upheld subject to the standard condition imposed by Section 59 of the Act and a condition relating to the submission of details of surface finishes.

 

IV DANGEROUS BUILDINGS - 27 BENVIE ROAD

 

There was submitted Report No 537-2004 by the Director of Planning and Transportation advising the Committee on provision made in seeking to have owners carry out works on the dangerous building at 27 Benvie Road, Dundee and seeking authorisation for the serving of an Order under Section 13 of the Building (Scotland) Act 1959 on the owners.

 

The Committee agreed to:-

 

(i) approve the serving of an Order under Section 13 of the Building (Scotland) Act 1959 requiring them to carry out works to make the building safe;

 

(ii) authorise the acceptance of Raynor Building Services' tender of 9,498 to carry out the necessary works in the event that the owners fail to comply with the terms of the Order; and

 

(iii) if necessary, authorise the overall expenditure of 11,000 inclusive of Professional Fees and Contingencies of 1,501.80.

 

V 30 NELSON STREET AND 85 TO 89 ANN STREET - PUBLIC SAFETY WORKS

 

There was submitted Agenda Note AN331-2004 advising the Committee that the City Engineer had monitored and inspected the above buildings since April 1997. Since that time it had been subject to vandalism and fire raising, leaving the property damaged. In addition, the building had suffered from a variety of building defects which the Council had had to deal with to preserve public safety.

 

A serious fire occurred at the adjacent property at 28 Nelson Street on 16th June 2004 and it was necessary to demolish the building as a matter of public safety. With the property at 28 Nelson Street now removed it would not be possible to fully secure the above building and it was anticipated that it would become an even greater target for vandalism and arson.

 

Notice was served on the owners on 25th June 2004 requiring them to demolish the building. The Notice was not complied with and a further Notice of the Councils intention to make an Order under Section 13 of the Building (Scotland) Act 1959 was issued on 2nd August 2004.

 

Authority was granted to serve an Order requiring the work to be carried out and should the owners fail to comply with the Order authority was granted for the City Engineer to appoint a contractor to carry out the works in the interests of public safety.

 

Tenders had been invited and the following offers received:-

 

Contractor

Tender Amount

Trojan Contracting & DIY Limited

56,600

D Geddes (Contractors) Limited

61,363

Dundee Plant Company Limited

62,300.

 

The Committee approved the recommendation that Trojan Contracting & DIY Limited be appointed to carry out the works at a cost of 56,600, together with the addition of 5,000 for the possible removal of asbestos and 5,600 for professional fees giving a total cost is 67,200, having noted that recovery of all costs incurred would be sought from the owners.

 

VI BUILDING (SCOTLAND) ACT 1959 - DANGEROUS BUILDINGS

 

There was submitted Report No 511-2004 by the Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the months of May and June 2004.

 

The Committee noted the contents of the report.

 

ROD WALLACE, Convener.